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THE CONSTITUTION (SCHEDULED TRIBES) ORDERS (AMENDMENT) BILL, 2008 By 1 TO BE INTRODUCED IN LOK SABHA Bill No. 3 of 2008 THE CONSTITUTION (SCHEDULED TRIBES) ORDERS (AMENDMENT) BILL, 2008 By SHRI HARIBHAU RATHOD, M.P. A BILL further to amend the Constitution (Scheduled Tribes) Order, 1950 and the Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967. BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Scheduled Tribes) Orders (Amendment) Short title. Act, 2008. C.O. 22 5 2. In the Constitution (Scheduled Tribes) Order, 1950, in the Schedule, in Amendment Part XIII—Rajasthan, the entries 1 to 12 shall be renumbered as entries 2 to 13, respectively, of the Constitution and before entry 2 as so renumbered, the following entry shall be inserted, namely:— (Scheduled "1. Banjara.". Tribes) Order, 1950. 2 Amendment 3. In the Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967, in the Schedule, C.O. 78 of the the entries 1 to 15 shall be renumbered as entries 2 to 16, respectively, and before entry 2 Constitution as so renumbered, the following entry shall be inserted, namely:— (Scheduled Tribes) (Uttar "1. Banjara.". Pradesh) Order, 1967. STATEMENT OF OBJECTS AND REASONS Even after sixty years of Independence, the community known as Banjaras are still one of the most backward communities in the country. The condition of Banjaras is worse than even the Scheduled Castes and Scheduled Tribes. Most of them are destitute. They have no permanent settlement. Our country has progressed much in every field, but unfortunately Banjaras are still deprived of the benefits of development. Although they are living in a free nation, but, they are yet to enjoy full benefits of development. Even now their way of living has not changed much from that of the eighteenth century. After independence, the provision of reservation has resulted in the advancement of Scheduled Castes and Scheduled Tribes and has enabled them to join the mainstream of the society, but Banjaras are still being neglected by the Government. It is the need of the hour that Banjaras should also be included in the list of Scheduled Tribes and given the benefit of reservation, because they are one of the most primitive communities existing in India for centuries. Already Government of several States have sent or are in the process of sending recommendation to the Central Government to include Banjara community in the list of Scheduled Tribes as they fulfil all criteria of being recognized as Scheduled Tribes. In view of the facts mentioned above, immediate action is required to enact a legislation to give status of Scheduled Tribe to the Banjaras in Uttar Pradesh and Rajasthan, where they are mostly located, so that they can be brought in the mainstream of the society. Hence, this Bill. NEW DELHI; December 4, 2007 HARIBHAU RATHOD. 3 FINANCIAL MEMORANDUM Clauses 2 and 3 of the Bill seeks to include Banjara community in the list of Scheduled Tribes in respect of the States of Rajasthan and Uttar Pradesh by way of amending the Constitution (Scheduled Tribes) Order, 1950 and the Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967. The Bill, if enacted, would involve recurring and non-recurring expenditure on account of the benefits to be given under the schemes and programmes of the Government meant for social, educational and economic development of the Scheduled Tribes. At this stage, it is not possible to mention the exact amount which may be incurred on this account. However, it is estimated that a sum of approximately rupees two hundred crore is likely to be involved as a recurring expenditure per annum. A non-recurring expenditure of about rupees one hundred crore is also likely to be involved. 4 ANNEXURE EXTRACT FROM THE CONSTITUTION (SCHEDULED TRIBES) ORDER, 1950. (C.O. 22) * * * * * * PART XIII.—Rajasthan * * * * * * 1. Bhil, Bhil Garasia, Dholi Bhil, Dungri Bhil, Dungri Garasia, Mewasi Bhil, Rawal Bhil, Tadvi Bhil, Bhagalia, Bhilala, Pawra, Vasava, Vasave 2. Bhil Mina 3. Damor, Damaria 4. Dhanka, Tadvi, Tetaria, Valvi 5. Garasia (excluding Rajput Garasia) 6. Kathodi, Katkari, Dhor Kathodi, Dhor Katkari, Son Kathodi, Son Katkari 7. Kokna, Kokni, Kukna 8. Koli Dhor, Tokre koli, Kolcha, Kolgha 9. Mina 10. Naikda, Nayaka, Cholivala Nayaka, Kapadia Nayaka, Mota Nayaka, Nana Nayaka 11. Patelia 12. Seharia, Sehria, Sahariya. * * * * * * 5 EXTRACT FROM THE CONSTITUTION (SCHEDULED TRIBES) (UTTAR PRADESH) ORDER, 1967 (C.O. 78) * * * * * * THE SCHEDULE 1. Bhotia 2. Buksa 3. Jannsari 4. Raji 5. Tharu 6. Gond, Dhuria, Nayak, Ojha, Pathari, Raj Gond (in the districts of Mehrajganj, Sidharth Nagar, Basti, Gorakhpur, Deoria, Mau, Azamgarh, Jonpur, Balia, Gazipur, Varanasi, Mirzapur and Sonbhadra) 7. Kharwar, Khairwar (in the districts of Deoria, Balia, Ghazipur, Varanasi and Sonbhadra) 8. Saharya (in the district of Lalitpur) 9. Parahiya (in the district of Sonbhadra) 10. Baiga (in the district of Sonbhadra) 11. Pankha, Panika (in the districts of Sonbhadra and Mirzapur) 12. Agariya (in the district of Sonbhadra) 13. Patari (in the district of Sonbhadra) 14. Chero (in the districts of Sonbhadra and Varanasi) 15. Bhuiya, Bhuinya (in the district of Sonbhadra). 6 LOK SABHA ———— A BILL further to amend the Constitution (Scheduled Tribes) Order, 1950 and the Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967. ———— (Shri Haribhau Rathod, M.P.) MGIPMRND—159LS(S-5)—6.2.2008..
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